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Is it possible to garnish wages and retirement benefits?

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Published on Premiered Feb 27, 2024

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It is possible to seize wages, salaries, subsidies and retirement benefits to pay labor debts. Hypothesis provided for in the explicit exception of § 2 of art. 833 of the CPC. Interactive and current case law of the C. TST. Jurisprudential Orientation 153 of SbDI-2 of the C. TST. Precedent of mandatory observance. The change in the wording of OJ 153 of SbDI-2 of the C. TST was made by the Plenary Court of that Superior Court through Resolution 220 of 09/18/2017 and presents itself as a precedent of mandatory observance under the terms of art. 15, item I, letter e of Normative Instruction 39 of the C. TST. Seizure of wages and retirement benefits even to pay non-food debts. Possibility. On a subsequent basis, even if this Regional Court could disagree with the guidance established by the Full Court of the TST in a precedent of mandatory observance and considered that the labor credit is not alimony but rather alimony, the seizure would be possible, since such seizure is allowed even for payment of non-alimony credits. Interactive and current case law of the STJ. Precedents. With the advent of the 2015 Code of Civil Procedure, article 833 (corresponding to 649 of the CPC/73) also considers wages and similar items unseizable, but with the hypothesis of an explicit exception in § 2 with another wording. In view of the new legislative guidance regarding the seizability of wages, the SBDI-2 C. of the TST has interactive and current case law regarding the possibility of salary garnishment to pay labor debts. Process:RO - 100976-36.2018.5.01.0000 - Judging Body: Subsection II Specialized in Individual Disputes - Rapporteur: LUIZ JOSÉ DEZENA DA SILVA - Judgment: 03/03/2020 - Publication: 06/03/2020) (Process:RO - 313-34.2019.5.05.0000 - Judging Body: Subsection II Specialized in Individual Disputes - Rapporteur: ALEXANDRE DE SOUZA AGRA BELMONTE - Judgment: 03/10/2020 - Publication: 03/13/2020)

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